Bicycle Accident: How to Get Fair Compensation

Suffering a bicycle accident is a traumatic experience that can leave significant physical, emotional, and economic consequences. As a cyclist, you represent the most vulnerable party on the road, and the law provides specific protections to safeguard your rights. Understanding the legal mechanisms for obtaining compensation is the first step towards having the damage suffered recognized and regaining peace of mind. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci has gained profound experience in assisting cyclists involved in road accidents, ensuring a precise and strategic analysis of each case.

The Regulatory Framework for Cyclist Protection

Italian legislation, particularly Article 2054 of the Civil Code, establishes a presumption of fault against the driver of a motor vehicle. This means that in the event of a collision, it is up to the car or motorcycle driver to prove that they did everything possible to avoid the damage. However, this presumption is not absolute. The cyclist's behavior is also assessed to ascertain any contributory negligence, for example, for failing to comply with the Highway Code. It is therefore crucial to accurately reconstruct the dynamics of the accident to determine responsibilities and correctly quantify the compensation.

Compensation can cover various types of damages. Pecuniary damage includes both direct damage (out-of-pocket expenses incurred, such as bicycle repairs, medical and pharmaceutical costs) and loss of earnings (lost income due to the inability to work). Non-pecuniary damage, on the other hand, includes biological damage (injury to psychophysical integrity), moral damage (inner suffering), and existential damage (deterioration of quality of life and renunciation of personal activities).

The Bianucci Law Firm's Approach

The approach of Avv. Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a meticulous and personalized analysis of the case. Every accident has its own history and peculiarities that require a tailored strategy. The first step involves a detailed reconstruction of the accident's dynamics, through the collection of fundamental evidence such as the official report from the intervening authorities, witness testimonies, photographs, and technical expert reports. Subsequently, all damages suffered are quantified, utilizing medico-legal consultants to accurately assess physical injuries and their permanent consequences. The objective is to engage in solid and determined negotiations with insurance companies to obtain fair compensation within a reasonable timeframe, resorting to legal action only if strictly necessary to fully protect the client's rights.

Frequently Asked Questions

What should I do immediately after a bicycle accident?

Immediately after the accident, it is crucial to remain calm and follow some fundamental steps. First, if there are injured parties, immediately call for help (118) and the authorities (Local Police or Carabinieri). If possible, collect the personal and insurance details of the other party and the names of any witnesses. Take photographs of the accident scene, the vehicles involved, and any visible damage. It is essential to go to the emergency room to have all injuries documented, even those that seem minor, as the medical report constitutes the primary evidence of the physical damage suffered.

What damages can be compensated to the cyclist?

The cyclist is entitled to compensation for all damages suffered. These are divided into pecuniary damages, which include costs for bicycle repair or replacement, medical, pharmaceutical, and rehabilitation expenses, and loss of income for days absent from work. In addition to these are non-pecuniary damages, such as biological damage (damage to health, assessed by a medical expert), moral damage (psychological suffering), and existential damage for the alteration of life habits.

What if the accident was caused by a pothole?

If the accident was not caused by another vehicle but by poor road maintenance, such as a pothole or a protruding manhole cover, the responsibility falls on the entity that owns or manages the road (usually the Municipality). In this case, Article 2051 of the Civil Code, which governs damage from things in custody, applies. To obtain compensation, it is necessary to prove the causal link between the road condition and the accident, a task that requires careful collection of photographic and testimonial evidence.

How long do I have to claim damages?

The right to compensation for damages arising from a road accident generally expires two years from the date of the accident. If the act is considered a crime (e.g., road personal injury), the statute of limitations is longer and coincides with that provided for the crime itself. However, it is crucial to act promptly to avoid losing your right and to be able to gather all necessary evidence while it is still fresh and easily obtainable.

Contact Avv. Marco Bianucci for an Evaluation of Your Case

If you have been a victim of a bicycle accident, it is essential to rely on a professional with consolidated experience to protect your rights. Avv. Marco Bianucci and the Bianucci Law Firm in Milan offer targeted consultancy to analyze your situation, assess the validity of your claims, and define the most effective strategy to obtain fair compensation. Contact the firm to present your case and receive an initial legal opinion.